Bendigo and Adelaide Bank Ltd v Karamihos [2013] NSWCA 193

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bendigo and Adelaide Bank Ltd v Karamihos [2013] NSWCA 193 Hearing dates: 17 June 2013 Decision date: 17 June 2013 Before: Basten JA Decision: (1) Pending the determination of this appeal or until further order: (a) stay orders 1, 2, 3 and 4 made 16 May 2013 in the Equity Division only to the extent that the said orders enable the respondents to demand a discharge of mortgage AD190821 or to sell, mortgage or otherwise deal with, or dispose of the respondent's property at xxx, Maroubra, being the land comprised in Lot 4966/DP 752015, and (b) stay orders 6(b) and 7 made 16 May 2013 in respect of costs in the Courts below without prejudice to the rights of the respondents to proceed with the costs assessment presently on foot if so advised. (2) Direct that the appeal be granted procedural expedition with the expectation that it will be heard within the next four months but at a date which is convenient to counsel for both parties. (3) Costs of the motion are to be costs in the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - civil - appeal - judgments and orders - whether to stay substantive orders pending determination of appeal - where respondents own property subject to mortgage in favour of applicant - orders would permit respondents to deal with or dispose of property - applicant could lose security for amount owing if appeal successful - applicant sought undertakings from respondents - no undertakings given - sole disadvantage to respondents theoretical